Terms of Service
These Terms of Service (“Terms”) are a binding agreement between Naki, LLC, an Illinois limited liability company doing business as Everyday Mise (“Mise”, “we”, “us”) and the individual or entity that receives our food cost audit service for restaurants (the “Service”). By engaging us or using the Service, you agree to these Terms. If you are agreeing on behalf of a restaurant or company, you represent that you are authorized to bind that entity.
1. The Service
Mise provides a food cost audit service for restaurants and restaurant groups. We review the menus, recipes, and supplier invoices you send us, cost your dishes using our own software, and deliver a written report. After an audit, we may also provide an ongoing maintenance service that keeps those costs up to date. The service is a business service, not a consumer service. The specific work, deliverables, and fees for your engagement are set out in your services agreement with us.
2. Accounts and eligibility
- You must be able to form a binding contract to use the Service, and you use it for business purposes.
- You do not need an account to receive the Service. If we give you access to view a report online, you are responsible for keeping that access to people in your business who need it.
- You may only access the data you are authorized to see.
- Notify us promptly at security@everydaymise.com of any unauthorized use.
3. Your data and content
You retain all rights to the documents, records, and other content you upload or generate (“Customer Data”). You grant Mise a limited licence to host, process, and display Customer Data solely to provide and improve the Service to you. Mise handles Customer Data on the restaurant’s behalf — see our . You are responsible for having the right to upload the content you provide and for its accuracy.
4. AI-generated output
The Service uses AI models to read documents and generate summaries and estimates. AI output can be incomplete or wrong. It is provided for informational purposes and is not accounting, tax, legal, or professional advice. You are responsible for reviewing output before relying on it for business decisions. Your content is not used to train third-party models — see §5 and §7.
5. Feedback
If you send us feedback, ideas, or suggestions, you grant us a perpetual, royalty-free right to use them to improve the Service, with no obligation to you and no expectation of confidentiality in the feedback itself.
6. Confidentiality
To do the work, each side sees things the other has not made public. Both of us agree to protect that information.
“Confidential Information” means non-public information disclosed by one party to the other in connection with the Service. Ours includes the design and behaviour of the Service beyond what is publicly documented, our pricing and commercial terms where they are not published, our roadmap, and any performance or evaluation results. Yours includes your Customer Data and the non-public business information you share with us.
- Each party will use the other’s Confidential Information only to perform under these Terms, and will protect it with at least reasonable care.
- Neither party will disclose it to anyone except employees, contractors, or advisors who need it and are bound by comparable obligations.
- You may freely discuss your own experience of using Mise and your own results. What we ask you not to share is non-public detail of our methods and software or unpublished pricing with anyone who builds or sells competing software or services.
- This does not cover information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed without reference to the disclosed information, or is rightfully received from a third party.
- Either party may disclose Confidential Information where legally compelled, giving the other reasonable advance notice where lawful so it can seek protective treatment.
These obligations run while you use the Service and for two years afterwards. Customer Data stays protected for as long as we hold it, under this section and our . Nothing here requires a separate non-disclosure agreement — accepting these Terms is sufficient.
7. Acceptable use
You agree not to:
- Access the Service other than through the interfaces we provide, or attempt to breach tenant isolation, security controls, or access another customer’s data.
- Reverse engineer, scrape, or resell the Service, or use it to build a competing product.
- Upload malware, or content that is unlawful or that you lack the right to provide.
- Interfere with, overload, or disrupt the Service or its infrastructure.
8. Fees and billing
Fees for the audit and for any maintenance service are set out in your services agreement. We invoice through Stripe or accept payment by Zelle, as your agreement states. We start an audit only after it is paid. Maintenance is billed monthly in advance, and you may cancel it at any time, effective at the end of the month you have paid for. Fees are non-refundable except where your services agreement or the law says otherwise. Prices are exclusive of any sales or other taxes, which we will add where we are required to collect them.
9. Our intellectual property
The Service, its software, and its branding — including the “Everyday Mise” name and marks — are owned by Naki, LLC and protected by law. Except for the rights expressly granted here, we reserve all rights. Feedback you provide may be used by us without obligation.
10. Third-party services
The Service relies on third-party providers — including Google Cloud / Firebase, Anthropic, and Stripe — as described in §6. Their services are governed by their own terms, and we are not responsible for them.
11. Availability
We work to keep the Service available and secure but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and we may suspend access to protect the Service, its users, or to comply with law.
12. Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI output is accurate or complete.
13. Limitation of liability
To the fullest extent permitted by law, Mise will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow these limits, so they may not fully apply to you.
14. Indemnification
You agree to indemnify and hold Mise harmless from claims arising out of Customer Data you provide or your breach of these Terms, to the extent permitted by law.
15. Term, suspension and termination
These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate access for breach of these Terms or non-payment. On termination, your right to use the Service ends; you may request a copy of your Customer Data before deletion by emailing privacy@everydaymise.com, and we will delete or retain data as described in §8. Documents held in your own Google Drive stay with you — see §6.
16. Changes to these Terms
We may update these Terms as the Service evolves and will revise the “last updated” date. Material changes will be communicated in-app or by email. Continued use after changes take effect constitutes acceptance.
17. Governing law
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, and the state and federal courts located in Illinois will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. This is subject to any mandatory consumer or data-protection rights that apply to you and cannot be waived by agreement.
18. Contact
Naki, LLC d/b/a Everyday Mise. Questions about these Terms: hello@everydaymise.com